doctor and patient in hospital

When Can You Sue For Medical Malpractice In New York?

Without realizing it, most of us take the quality of our healthcare system for granted. When we need medical care, we all rely on the experience and professionalism of trusted nurses, doctors, and other healthcare providers. The overwhelming majority of New York’s medical professionals consistently draw on their training, knowledge, and experience to provide the best possible medical care for their patients. But what happens when a patient suffers a preventable injury because a nurse or doctor failed to do their job effectively?

What Constitutes Medical Malpractice?

In order to establish grounds for a medical malpractice lawsuit, you and your legal counsel must first prove that a healthcare professional responsible for your care caused an injury through medical negligence. All healthcare providers are legally obligated to follow the accepted medical standard of care for their field. When one of these professionals handles a medical situation in a different way than other similarly qualified medical professionals would have and an injury occurs as a result, that professional may be considered medically negligent.

Not all injuries and medical complications are eligible for medical malpractice lawsuits. Sometimes complications occur even when the medical standard of care is followed to the letter. If you want to sue for medical malpractice, your legal counsel and medical expert witnesses must prove that your injury only occurred because of a medical professional’s mistake.

What Are Some Examples Of Medical Malpractice?

Medical professionals in all specializations are capable of causing serious injuries when they fail to provide proper medical care for their patients. Some common forms of medical malpractice which can lead to serious injuries, illnesses, and even death include:

  • Failure to diagnose a health condition, misdiagnosis, and delayed diagnosis
  • Surgery errors, such as operating on the wrong body part or wrong patient
  • Prescribing the wrong medication or failing to account for side effects
  • Birth injuries caused by failure to anticipate and respond to complications
  • Irresponsible use of anesthesia, such as using it on a patient with increased risk of use from previous treatments

If you or a loved one has suffered injuries or complications related to medical care, you may be wondering if a nurse or doctor is at fault. The cause of your condition may not be immediately clear, but our experienced Queens medical malpractice lawyers can help you investigate your case by having medical evidence reviewed by qualified medical experts.

Lavern’s Law Passed In NY Senate

A law regarding the date of discovery for cancer malpractice cases passed in the NY Senate in June 2017. “Lavern’s Law” is named for Lavern Wilkinson, who sought medical treatment for chest pain in 2010. The radiologist who x-rayed her failed to notify her of a suspicious mass in the x-ray, which was found again two years later and diagnosed as cancer. At this point, the 15-month statute of limitations had expired.

The new bill will extend the statute of limitations, which will begin to run at the date of discovery and end seven years later.

Your Legal Options Following Negligent Medical Care In New York

If you’re considering filing a medical malpractice lawsuit in New York, we advise acting as quickly as possible. These cases are bound by a strict statute of limitations law, which sets deadlines for taking your case to court. Medical malpractice lawsuits are some of the most complicated forms of personal injury claims, so it’s important to seek legal guidance from a reputable New York malpractice lawyer with experience filing these lawsuits in your state.

Our experienced New York medical malpractice lawyers would be happy to discuss your legal options in a free consultation, and will only ask for payment at the end of your case if we’ve helped you secure financial compensation. Get in touch with us today to learn more about your rights.

Leave a Reply